Meningitis outbreak criminal probe still ongoing

U.S. attorney says more defendants may be named

May 18, 2013

John Dunn, deputy state epidemiologist, stands in front of graphics mapping the meningitis outbreak at the Operations Center at the Tennessee Department of Health on Oct. 8, 2012. / Dipti Vaidya / The Tennessean

Written by

Walter F. Roche Jr.

The Tennessean

The U.S. Attorney in Boston has given notice in a pending civil case that his office is still actively investigating allegations concerning the drug compounding firm blamed for a nationwide fungal meningitis that has taken the lives of 15 Tennessee patients and sickened 152.

In a five-page filing this week in a group of civil cases against the New England Compounding Center, Assistant U.S. Attorney Zachary A. Cunha wrote that the probe could result in both civil and criminal actions and those targeted may extend beyond people already named in previously filed litigation.

“While some potential defendants to such future actions may be aware of, or party to, the presently pending private civil actions which are before this court, others may not,” Cunha wrote.

The motion indicates that the U.S. Attorney has a list of potential targets beyond those named in the pending cases.

Those named in the pending civil suits include the owners and officers of NECC, including Barry Cadden and Gregory Conigliaro.

“This investigation presently implicates the full panoply of remedies available to the United States,” the filing states.

The existence of a federal criminal investigation became public last fall when federal agents raided the NECC headquarters in Framingham, Mass. Although Massachusetts Gov. Deval Patrick later confirmed the existence of the investigation, few details about the probe have emerged since.

Cunha declined to comment Friday when asked about the investigation and if or when indictments might be expected.

The notice from the U.S. Attorney’s office was issued in response to a motion from the NECC bankruptcy trustee to officially abandon a series of property and equipment leases in order to reduce expenses. The claims in the bankruptcy are millions of dollars above the known assets, records show.

In his filing, Cunha expressed concern that those who might ultimately be charged civilly or criminally might later argue that having access to the NECC property was “relevant or essential to their defense.”

Cunha wrote that while the government does not oppose the trustee’s motion, it wanted to “make clear that any disposal of the property is at the trustee’s, and not the government’s behest.”

He asked the court to provide for a notice to be sent to a list of potential targets to be supplied by his office to the bankruptcy trustee.

Paul D. Moore, the trustee in the NECC bankruptcy, said in an email response to questions that the notice issues were still under discussion.